People v. Smith

Memorandum. Judgment of conviction affirmed. Defendant appeals from a judgment convicting him, after a jury trial, of aggravated harassment (Penal Law, § 240.30). Prior to trial, defendant moved to dismiss the information on the ground *790that the statute defining the offense is unconstitutionally vague and overbroad.

Defendant called the desk officer at the White Plains Police Department on June 23, 1974, in regard to a complaint he had made. A previous investigation disclosed that the matter was civil rather than criminal in nature and defendant was so informed. Despite this, in the next 3…